Abstract:
The pioneering study of „Punishment and Social Structure“ by Rusche and Kirchheimer, firstly published in 1939, reprinted in 1968 and translated into German in 1974, was recently taken into high consideration mainly among younger criminologists. Rusche / Kirchheimer‘s assumption of Penal Law's direct and immediate economic function was one main point to be quoted repeatedly. There is a quite similar assumption, i. e. that of Penal Law's immediate societal consequences in the case of changes familiar above all the politicians and lawyers. Both assumptions, however, might be far from being proved since Rusche / Kirchheimer and the following scholars provided only small factual evidence. This contribution here is to question the common belief by referring to sources of historical material. Besides, the idea of widespread use of terroristic corporal and capital punishment in the late Middle Ages will be questioned, too.